HomeMy WebLinkAbout2008-218 Contract - Copeland Construction
Page 20
Contract made this
Ashland, ("City") and
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
qw;
C OM I" f.4d
,
day' of (1')(,-( , :;"009. between the City of
(' nu~ I-w(.J.t() (~ "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the Ashland Ice Rink project. Contractor was awarded the bid as the lowest
responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract
documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take
precedence over the contract documents, which shall take precedence over the bid. This contract
and attached exhibits constitute the entire agreement between the parties. No waiver, consent, or
modification or change of terms of this contract shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the
specific instance and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this contract. Contractor, by signature
of its authorized representative, hereby acknowledges that he/she has read this contract, understands
it, and agrees to be bound by its terms and conditions.
2. Scooe: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution of
the contract and prior to doing any work under the contract, furnish bo~ds to the City of Ashland in a
form and with a surety satisfactory to City in the penal sum of tl t{i37 ~conditioned upon the faithful
payment and performance of this contract upon the part of the Contractor as required by ORS
279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or
incident to the performance of this contract by Contractor (including but not limited to, Contractor's
employees, agents, and others designated by Contractor to perform work or services attendant to this
contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and approximately caused by the
negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 21
6.1 General Liability. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and comprehensive
automobile liability including owned and non-owned automobiles. The liability under each policy
shall be a minimum of $1 ,000,000 per occurrence (combined single limit for bodily injury and
property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per
occurrence for property damage. Liability coverage shall be provided on an "occurrence" not
"claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with
ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage
for all their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single limit,
or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents, and OBEC Consulting Engineers shall be
named as additional insureds on each required insurance policy. Contractor shall submit certificates
of insurance acceptable to the City with the signed contract prior to the commencement of any work
under this agreement. These certificates shall contain provision that coverage afforded under the
policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior
written notice has been given to City. Insuring companies or entities are subject to the City's
acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be
provided to the City. The Contractor shall be financially responsible for all pertinent deductibles,
self-insured retentions and/or self-insurance.
7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS
653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has
workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured
employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured
employer, Contractor shall provide City with a certification from the Oregon Department of
Insurance and Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates
to this contract shall be brought and conducted solely and exclusively within the Circuit Court of
Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District Court
for the District of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its
Special Provisions, Ashland Ice Rink, Final, 9-23-08
IT T
Page 22
authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event
shall this section be construed as a waiver by City of any form of defense or immunity, based on the
Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the
jurisdiction.
8. Default: A default shall occur under any of the following circumstances:
8.1Ifthe Contractor fails to begin the work under contract within the time specified, or
fails to perform the work with sufficient workers or equipment or with sufficient materials to insure
the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew
such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the
work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act
of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied
for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
certificate or certification that it required to perform the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and appropriate
or use any or all of the materials and equipment on the ground that may be suitable and acceptable
and may cause a contract for the completion of this contract according to its terms and provisions, or
use such methods as required for the completion of the contract, in any acceptable manner. All costs
and charges incurred by the City together with the costs of completing the work under the contract,
shall be deducted from any money due or which shall become due the Contractor. In case the
expense so incurred by the City shall be less than the sum which would have been payable under the
contract if it had been completed by the Contractor, then the Contractor shall be entitled to received
the difference less any damages for delay to which the City may be entitled. In case such expense
shall exceed the sum which would have been payable under the contract, the Contractor and the
surety shall be liable and agree to and shall pay the City the amount of the excess with damages for
delay of performance, if any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent
of both parties.
10.2 City's Convenience. This contract may be terminated at any time by City upon
30 days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Contractor, or at such later date as may be established by
City under any of the following conditions:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
.---------~-----------IF..T
Page 23
a. If City funding from federal, state, county, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services;
b. If federal or state regulations or guidelines are modified, changed or
interpreted in such a way that the services are no longer allowable or appropriate for
purchase under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract for any reason denied,
revoked, suspended, or not renewed.
lOA For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a breach
of the contract by the other. Prior to such termination the party seeking termination shall
give to the other party written notice of the breach and intent to terminate. If the party
committing the breach has not entirely cured the breach within 15 days of the date of the
notice, or within such other period as the party giving notice may authorize or require,
then the contract may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
b. Time is of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of default or
breach, may at any time terminate the whole or any part of this contract if Contractor fails
to provide services called for by this contract within the time specified herein or in any
extension thereof.
c. The rights and remedies of City provided in this subsection (lOA) are not
exclusive and are in addition to any other rights and remedies provided by law or under
this contract.
10.5 Obligation/Liabilitv of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and lOA above shall be without prejudice to any obligations
or liabilities or either party already accrued prior to such termination or modification. However,
upon receiving a notice of termination (regardless whether such notice is given pursuant to
subsections 10.1, 10.2, 10.3 and lOA of this section, Contractor shall immediately ceased all
activities under this contract, unless expressly directed otherwise by City in notice of termination.
Further, upon termination, Contractor shall deliver to City all contract documents, information,
works-in-progress and other property that are or would be deliverables had the contract been
completed. City shall pay Contractor for work performed prior to the termination date if such work
was performed in accordance with the Contract.
11. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget.
Contractor understands and agrees that City's payment of amounts under this contract attributable to
work performed after the last day of the current fiscal year is contingent on City appropriations, or
other expenditure authority sufficient to allow City in the exercise of its reasonable administrative
discretion, to continue to make payments under this contract. In the event City has insufficient
appropriations, limitations or other expenditure authority, City may terminate this contract without
penalty or liability to City, effective upon the delivery of written notice to Contractor, with no
further liability to Contractor.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
- ----- -liT
Page 24
12. Prevailin!! Wa!!e Rates: The Contractor shall fully comply with the provisions ofORS
279C.800 through 279C.870 pertaining to prevailing wage rates. cl
Q/8, o~r ~o ":.\--
13. Livin!! Wa!!e Rates: If the amount of this contract is $~O or more:' and Contractor
is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the
work under this contract. Contractor must post the attached Living Wage - notice predominantly in
areas where it will be seen by all employees.
14. Assi!!nment and Subcontracts: Contractor shall not assign this contract without the written
consent of City. Any attempted assignment without written consent of City shall be void. Contractor
shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons
employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City. Contractor may not substitute
any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without
written consent of the City, or by following the procedures ofORS 279C.585 and OAR 137-049-
0360.
15. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates
to this contract shall be brought and conducted solely and exclusively within the Circuit Court of
Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District Court
for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its
authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event
shall this section be construed as a waiver by City of any form of defense or immunity, based on the
Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the
jurisdiction.
16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONL Y IN THE
SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF
ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
16. Prior Approval Reauired: Approval of the City of Ashland Council or Public Contracting
Officer is required before any work may begin under this contract.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
- --.----.---- -.-----.--111
By:
I
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Printed Name'
Its: S{)le I17lUnfl~
Title
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Company Name
Address: :321 f~ RP.
EMIL ,/)O/I!r /JX 9?S:Pf
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Special Provisions, Ashland Ice Rink, Final, 9-23-08
CITY OF ASHLAND
By: ,Lftr/... ~
Lee Tuneberg
Finance Director
I~~r
.
REVIE AS TO CONTENT:
By: ,,~
Department Head Date:
By:
Legal Departmen
Coding:
Page 25
(For City use only)
-'Of(
- .,,-,
Performance and Payment Bond
(Public Work)
Home Office:
1213 Valley Street
P.O. Box 9271
Seattle, WA 98109-0271
For the CBIC branch
nearest you, call Toll Free
(888) 283-2242
(888) 293-2242 FAX
cbic
Bond Number: PF8300 Premium: 2687.00
KNOW ALL PERSONS BY THESE PRESENTS, That we, Copeland Construction LLC
, called the Principal, and Contracto!s Bonding and Insurance Compaf!-y, a Washington
corporation, called the Surety, are held and firmly bound unto City of Ashland Parks and Recreation Department
, called the Obligee, in the sum of One hundred twelve
thousand four hundred and thirty seven dollars 00/100 Dollars ($112.437.00 )
for the payment whereof said Principal and Surety bind themselves firmly by these presents.
WHEREAS, the Principal has entered int9 a Contract with the .Obligee dated 10/23/2008
to perform construction work at the City of Ashland Ice Rink Improvements
INSURANCE
("Contract").
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform
the construction work to be performed under the Contract and shall promptly make payment to all Claimants, as
hereinafter defined, for all labor and material used, consumed or incorporated in the performance of the work under
the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect.
Whenever Principal shall be, and be declared by Obligee to be in default under the Contract for failing to perform the
construction work, the Obligee having performed Obligee's obligations thereunder, Surety shall, within a reasonable
time:
1.
Upon entering into an acceptable takeover agreement with the Obligee, undertake to complete the
construction work to be done under the Contract; or
Obtain bids or negotiated proposals from qualified contractors for completion of the construction work to
be done under the Contract, and arrange for a contract to be prepared for execution by the Obligee and
the contractor, to be secured with a performance and payment bond executed by a qualified surety; or
Waive its right to perform and complete, arrange for completion, or obtain a new contractor.
The Contract balance, as defined below, shall be credited against the reasonable cost of completing the
construction work to be performed under the Contract. If completed by the Obligee pursuant to paragraphs
2 or 3 above, and the reasonable cost of completing the construction work exceeds the Contract balance,
the Surety shall pay to the Obligee SUCD excess, but in no event shall the aggregate liability of the Surety
exceed the amount of this bond. If the Surety completes the work pursuant to paragraph 1 above, that
portion of the Contract balance as may be required to complete the construction work to be done under
the Contract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the
manner as said sums would have been payable to Principal had there been no default under the Contract.
To the extent that the Surety's outlays exceed the Contract balance paid to Surety by Obligee, the Surety
shall be entitled to a dollar for dollar reduction of its liability under this bond, and the Surety's aggregate
liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall
mean the total amount payable to Obligee under the Contract and any amendments thereto, less the
amounts properly paid by Obligee to the Principal under the Contract. The term "construction work," as
used herein shall mean the providing by the Principal of all labor and/or material necessary to complete
the Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the
contrary, the Surety shall not be liable to the Obligee or others for obligations of the Principal that are
unrelated to the performance of the work under the Contract, and the Contract balance shall not be reduced
or set off on account of any such unrelated obligations, nor for any related obligations that would not be
covered under this bond.
2.
3.
4.
s.
Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of
one year from the date of substantial completion of the work, or (b) one year after the Principal ceased
performing the construction work under the Contract. If this bond is provided to comply with pubic works
bond statutes in the location where the construction work is being performed and the public works bond
statutes contain a statute of limitations for suits on the performance bond, then the limitation period set
forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond
statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
BndPerPyPuW.01-03220S
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6. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct
Contractor of the Principal to supply labor and/or materials and said labor and/or materials are actually
used, consumed or incorporated in the performance of the construction work.
7. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every
Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such Claimant's work or labor was done or,performed or materials
were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for
the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which
were used, consumed or incorporated in performance of the construction work, and have execution
thereon; provided, however, that a Claimant having a direct contractual relationship with a Contractor of
the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing
of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor
and/or materials for which the claim is made. The Obligee shall not be liable for the payment of any costs
or expenses of any such suit.
8. No suit or action shall be commenced hereunder by any Claimant after the expiration of one years after
the day on which the Claimant last supplied the labor and/or materials for which the claim is made
or (b) the limitation period set forth in the public work bond statutes if any, in the location where the
construction work is being preformed. Any limitation contained in this bond, which is prohibited by any
law controlling in the state where the suit is filed, shall be deemed to be amended so as to be equal to the
minimum period of limitation permitted by the law of that state.
9. No suit or action shall be commenced hereunder by the Obligee or any Claimant other than in a state court
of competent jurisdiction in the county or other political subdivision of the state in which the project, or
any part thereof, is situated, or in the United States District Court for the district in which the project, or
any part thereof, is situated, and not elsewhere.
10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by
Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge
of Principal's obligations. The Surety's liability hereunder to the Obligee and all Claimants is limited, singly,
or in the aggregate, to the penal sum of the bond set forth herein. The Surety may, at its option, discharge
all obligations under this bond by interpleading into the registry of any court of competent jurisdiction
of the full unused penal sum of this bond, or such portion thereof that will satisfy the obligations owed
to the Obligee and/or the Claimant(s). No right of action shall accrue on this bond to any person or entity
other than the Obligee and/or the Claimant(s). The bond shall not be liable for any liability of Principal
for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve
as or be a substitute for or supplemental to any liability or other insurance required by the Contract.
11. If this bond is provided to comply with a statutory or other legal requirement for performing construction
contracts for public owners in the location where the construction work is being performed, all provisions
in the bond are in addition to or differ from those statutory or legal requirements shall be read out of this
bond, and all pertinent statutes and other legal requirements shall be read into the bond.
Signed and sealed this 23rd
day of October
2008
,
Copeland Construction LLC
(Principal's Name)
CONTRACTORS BONDING
AND INSURANCE COMPANY
By:
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Certificate of Appointment and Resolution of the Board of Directors
The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby celiify that the President has appointed
the Attol1.1ey(s)-in-Fact identified on the front side of this power of attomey, under and by the authority of the following resolutions adopted
by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993:
RESOLVED, that the CEO, President, CFO, any Vice President Secretary or any Assistant Secretary. and any other
employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee")
may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds,
undeliakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove
any such attorney-in-fact or agent and revoke any power of attomey previously granted to such person.
RESOLVED FURTHER, that any bond, undeliaking, recognizance, or suretyship obligation shall be valid and binding
upon the Company:
(i) when signed by the Authorized Officer or Employee and attested and sealed (if a
seal be required); or
(ii) when signed by the Authorized Officer or Employee, and countersigned and sealed
(if a seal be required) by a duly authorized attorney-in-fact or agent: or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-
fact or agents pursuant to and \vithin the limits of the authority evidenced by the
power of attomey issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be
affixed by facsimile to any power of attorney or celiification thereof authorizing the execution and delivery of any bond,
undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power
of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually
affixed.
RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attomey and
attomeys-in-fact remain in full force and effect; that all f01111S of powers of attomey previously or in the future approved
by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire
power of attorney is a facsimile, remain in full force and effect; and that one forn1 of a power of attomey may be attached
to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form
of power of attorney may be attached to another bond (for example, a fax power of attomey may be attached to the final
bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of
either power of attorney or bond.
IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and
secretary, and its corporate seal to be hereunto affixed this 13th day of June, 2007.
~ Don S;rk;n. hes;denl
~~
Attest: R. Kirk Eland, Secretary
State of Washington
County of King
On June 13,2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me
to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their
authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument.
WITNESS my hand and official seal.
Signature ~tfa.~ .kffir
(seal)
(fff""""
.,11..3.,,0'" J. i----
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Brenda J. Scott. Notary Public
"-I-~-
ACORD... CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE (MM/DD/YVYY)
~ '.' COPEL-2 10/23/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Marketplace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1998 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.Medford OR 97504
Phone: 541-779-0177 Fax: FAX 772-8235 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Liberty Northwest Ins
INSURER B:
Copeland Construction, LLC INSURER C:
Jimmie co~eland
321 Pruet Rd INSURER 0:
Eagle Point OR 97524
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR INS~~ TYPE OF INSURANCE POLICY NUMBER p~~1:~rJ8,w;E PO[L~~~~PIRAT~N LIMITS
DATE MM/DD/YV
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
-
A X COMMERCIAL GENERAL LIABILITY BHO (09) 53 36 69 06 06/03/08 06/03/09 Uf\Mf\~t: I U KeN I eU $ 100,000
- I CLAIMS MADE ~ OCCUR PREMISES (Ea occurence)
MED EXP (Anyone person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
-
GENERAL AGGREGATE $ 2 ,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 ,000,000
11 n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
I-- $
NON-OWNED AUTOS (Per accident)
I--
>--- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
R OECUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I' WS;~IA1U-T F~
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
COVERAGES
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Parks and Recreation IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
340 S Pioneer St
Ashland OR 97520 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Insurance Marketplace Inc.
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
----,,-,--
A~ORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 D1 DATE (MM/DDIYYYY)
COPEL-2 10/23/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Marketplace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1998 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Medford OR 97504
Phone: 541-779-0177 Fax:FAX 772-8235 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Saif Corporation
INSURER B:
Cope1and Construction, LLC INSURER C:
Jimmie co~eland
321 pruet Rd INSURER 0:
Eag1e Point OR 97524
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN5K ~~~ POLICY NUMBER ~P.L!g1 EFFES:J~E Pgk1feY(ij:bRJ'~~N LIMITS
LTR TYPE OF INSURANCE DATE MM/DDIYY
GENERAL LIABILITY EACH OCCURRENCE $
- UAMf\~~IU-m:NTEU
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $
l CLAIMS MAOE D OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
f---
GENERAL AGGREGATE $
~
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
I n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON-OWNED AUTOS
-
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
o OCCUR D CLAIMS MADE AGGREGATE $
$
......., =1 ""DUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I VVl; ~ I A I U- I IUIIH-
TORY LIMITS ER
A EMPLOYERS' LIABILITY 980838 01/01/08 01/01/09 E.L. EACH ACCIDENT $ 500000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500000
If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
COVERAGES
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Parks and Recreation IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
340 S Pioneer St
Ashland OR 97520 REPRESENTATIVES.
AUTHORIZED REPRESENT A TIVE
Insurance Marketplace Inc.
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
. .,,--, --
-
~ORD.M CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE (MM/DDIYYYY)
.! COPEL-2 10/23/08
-
PROD,-_ ,{ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Marketplace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1998 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Medford OR 97504
Phone: 541-779-0177 Fax:FAX 772-8235 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Liberty Northwest Ins
INSURER B:
Copeland Construction, LLC INSURER C:
Jimmie Co~eland
321 Pruet Rd INSURER D:
Eagle Point OR 97524
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
IN5R r~~~ POLICY NUMBER PDOA~~1ti~fJ8J~E POLlGY(~PIRAT~N LIMITS
LTR TYPE OF INSURANCE DATE MM/DDIYY
GENERAL LIABILITY EACH OCCURRENCE $
- UAMA\:ic IU-RcNlcU
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $
- I CLAIMS MADE D OCCUR
MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
f--
GENERAL AGGREGATE $
f--
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
I n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000
-
A ANY AUTO BAW (09) 53 36 69 06 06/03/08 06/03/09 (Ea accident)
f---
ALL OWNED AUTOS BODILY INJURY
i--- $
X SCHEDULED AUTOS (Per person)
c--
X HIRED AUTOS BODILY INJURY
- $
X NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==1- AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
o OCCUR D CLAIMS MADE AGGREGATE $
$
==1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 1rB'~/(I~\~S I ~-
ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes. describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
A auto physical BAW (09) 53 36 69 06 06/03/08 06/03/09 sp perils
damage call 1000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
COVERAGES
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Parks and Recreation IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
340 S Pioneer St
Ashland OR 97520 REPRESENTATIVES.
AUTHORIZED REPRESENT A TIVE
Insurance Marketplace Inc.
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
- .,,--,--
Page 1 / 1
.... ~,
00022
l
VENDOR: 003072
COPELAND CONSTRUCTION
321 PRUETT ROAD
EAGLE POINT, OR 97524
SHIP TO:
FOB Point:
Tenns: net
Req. Del. Date:
Speclallnst:
Req. No.:
Dept.: Park and Recreation
Contact: Don Robertson
Conflnning? No
Ashland Ice Rink Project
Embed coils into concrete in Winburn
Way parkina lot; make curb improvements.
112,437.00
Contract for Public Works Construction
Date of contract: October 9, 2008
Insurance required/On file
BILL TO:
SUBTOTAL
TAX
FREIGHT
TOTAL
.J.L t? t'1 ~ ~.
~ ~ .~ic? /~
Aut rized Signature
VENDOR COPY
-'---'--rr-.
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
Date of Request:
THIS REQUEST IS A:
o Change Order( existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
~~ ~31v-~oh~
3 1-1 f rvt ~-+f-- ru.
~k PO'\~ O~ G\ ~'2.'f
)
~I- <6U- - 2.~ ''1
~{- 82.k- /o/'-f
Jl~l 0sy>~ ltU\ ~
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Optional)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
Sole Source
o Written findings attached
o Quote or Pro sal attached
CooDeratlve Procurement
o State of ORIWA contract
o Other govemment agency contract
o Copy of contract attached
o Contract #
Description of SERVICES
eM\-'4 cft71.s, ~'l-.o ~~ '" \M,,^lowA W~
f/J../tu"'f (,+ ~ ~ GtA/b l' ~fy-rV~~,
fZ9 Per attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______. ___
Account Number.1JL .1~. .Ql:. ~~. _~LfQ9 (
* Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
18( Per attached QUOTE
By signing this requisition form, I certify that the information provided above meets the City of Ashland public
and the documentation can be provided upon request.
Employee Signature: _ b
Supervisor/Dept. Head Signature:
G: Finance\Procedure\AP\Forms\Requisition fonn revised
Updated on: 11/412008
-'-'TOT